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2023 Supreme(Mad) 548

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
M. Karthik - Appellant
Versus
The Superintendent of Police, Madurai & Another - Respondents
W.P(MD)No. 6634 of 2023
Decided On : 29-03-2023

Advocates appeared:
For the Petitioner:P. Rengaraju, Advocate. For the Respondents:R. Suresh Kumar, Government Advocate (Crl. Side).

The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which formed the basis for directing the respondent to consider the petitioner's representation.

Headnote:

Writ Petition - Cultural Programme Permission - The court directed the respondent to consider the representation of the writ petitioner based on the circular and guidelines issued by the Director General of Police.

Fact of the Case:

The writ petitioner sought a Writ of Mandamus to grant permission and protection to conduct a cultural dance program in connection with a temple festival. The second respondent had not considered the petitioner's representation, leading to the filing of the writ petition.

Finding of the Court:

The court directed the second respondent to consider the petitioner's representation and pass suitable orders based on the circular and guidelines issued by the Director General of Police.

Issues: Permission for conducting a cultural programme and protection for the same.

Ratio Decidendi: The court relied on the circular memorandum issued by the Director General of Police, which provided guidelines for consideration of applications seeking permission for conducting cultural programmes.

Final Decision: The writ petition stands disposed of with the direction to the second respondent to consider the representation of the writ petitioner and pass suitable orders based on the circular and guidelines issued by the Director General of Police.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to grant permission and protection to conduct the Aadalum Paadalum dance program on 30.03.2023 in pursuant to the Thiru Vizah of Arulmigu Sri Iyyanar Karuppasamy, Pattatharasi Amman Thirukkovil festival, the above said program is to be conducted at Boothakudi in Madurai District by considering the petitioner''s representation dated 22.03.2023.)

1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents herein to grant permission and protection to conduct the Aadalum Paadalum dance program on 30.03.2023 in pursuant to the Thiru Vizah of Arulmigu Sri Iyyanar Karuppasamy, Pattatharasi Amman Thirukkovil, the above said program is to be conducted at Boothakudi in Madurai District by considering the petitioner''s representation dated 22.03.2023.

2. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, “AArulmigu Sri Iyyanar Karuppasamy, Pattatharasi Amman Thirukkovil at Boothakudi in Madurai District, is going to be held on 30.03.2023 at Thiruvaiyaru Thaluka, Veerasingam Pettai. Subsequent to the same, in order to conduct a cultural programme on 30.03.2023, they sought permission of the Police by giving a representation dated 22.03.2023. But, the second respondent has not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that he has no objection for granting permission to conduct a cultural programme subject to time restriction in between 07.00 p.m to 10.00 p.m. on 30.03.2023, and also submitted that the second respondent has received the representation of the writ petitioner and the same is pending for consideration.

5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the second respondent is hereby directed to consider the representation of the writ petitioner, dated 22.03.2023 and pass suitable orders based on the above said circular, in the light of the above submission made by the learned Additional Public Prosecutor.

7. With the above direction, this writ petition stands disposed of. No costs.

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